RMR Deposition Procedures & Practices 3

Question 1

Under FRCP Rule 32(a), a deposition may be used at trial as substantive evidence in which of the following circumstances?

Accepted Answer

When the deponent is unavailable at trial or other enumerated FRCP 32(a) conditions are met

Answer

FRCP 32(a) allows deposition testimony to be used as substantive evidence when the deponent is unavailable at trial due to death, distance, illness, or other specified grounds.

Question 2

What is the legal significance of a 'stipulation' entered into by counsel at the start of or before a deposition?

Accepted Answer

It modifies the standard procedural rules governing the deposition by mutual agreement of the parties

Answer

Under FRCP 29, parties may by written stipulation modify the procedures for a deposition, such as the time limit, filing requirements, or the use of the transcript.

Question 3

As a general rule in federal practice, who bears the cost of the court reporter's services and the original deposition transcript?

Accepted Answer

Generally the party who noticed (requested) the deposition

Answer

As a general rule, the noticing party bears the cost of the court reporter and the original transcript; other parties who want copies are responsible for the cost of their own copies.

Question 4

What does 'sequestration of witnesses' mean in the context of a deposition proceeding?

Accepted Answer

Excluding witnesses from the deposition room while other witnesses are testifying

Answer

Sequestration excludes witnesses from hearing each other's deposition testimony so that they cannot tailor their own answers based on what other deponents have said.

Question 5

What additional requirement does FRCP 30(b)(3) impose when a party intends to record a deposition by audiovisual means?

Accepted Answer

The deposition notice must state that the deposition will be recorded by audiovisual means

Answer

Under FRCP 30(b)(3)(A), if a party intends to record the deposition by audiovisual means, the deposition notice must state that method of recording, and a stenographic record may still be required.

RMR - Registered Merit Reporter Practice Test

RMR - Registered Merit Reporter Practice Test

RMR Deposition Procedures & Practices 3